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Broadcasting Decision CRTC 2004-142

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Archived

Broadcasting Decision CRTC 2004-142

Application 2003-0492-3
Public Hearing in the National Capital Region
17 November 2003

CJRL Kenora - Conversion to FM band

In this decision, the Commission approves the application by Fawcett Broadcasting Limited to carry on a new English-language FM radio station in Kenora to replace its AM station CJRL.

The application

1.

The Commission received an application by Fawcett Broadcasting Limited (Fawcett) for a broadcasting licence to operate a new English-language FM radio programming undertaking at Kenora to replace its AM station CJRL. The proposed station would operate at 89.5 MHz (channel 208B) with an effective radiated power of 40,000 watts.

2.

The applicant currently operates CJRL as the only local commercial radio service in Kenora.

3.

The applicant stated that the new station would offer the same programming and music format as currently offered on its AM station. It described the format as Hot adult contemporary. The local programming would continue to include news, weather, sports and community information. Fawcett indicated that nearly all of the programming would be locally produced.

Intervention

4.

The Commission received one intervention opposing this application from Norwesto Communications Ltd. (Norwesto). The intervener expressed concern that approval of Fawcett's application could have a negative impact on the Commission's consideration of its own application for a new commercial FM station in Vermilion Bay with rebroadcasting transmitters in Kenora and Dryden. Norwesto's application was considered as an appearing item at the 20 October 2003 Public Hearing in the National Capital Region, and has been approved today in English-language FM radio station in Vermilion Bay, Broadcasting Decision CRTC 2004-143.

The Commission's determination

5.

The Commission approves the application by Fawcett Broadcasting Limited for a broadcasting licence to operate a new English-language FM radio programming undertaking in Kenora to replace its AM station CJRL. The station will operate at 89.5 MHz (channel 208B) with an effective radiated power of 40,000 watts.

6.

The station will operate in a single-station market as defined in Local programming policy for FM radio - definition of a single-station market, Public Notice CRTC 1993-121, 17 August 1993.

7.

The Commission recognizes, however, that this single-market status will change if Norwesto's proposed station begins operations as a result of the approval today of its application for a commercial FM station. Accordingly, the Commission authorizes Fawcett to operate under this single-station market designation until such time as a new commercial radio station serving Kenora is launched. At that time, both the new Norwesto FM station and the new Fawcett station will be subject to the standard 42-hour local programming requirement as outlined in condition of licence no. 9 set out in New licence form for commercial radio stations, Public Notice CRTC 1999-137, 24 August 1999 (Public Notice 1999-137).

Issuance of the licence

8.

The licence will expire 31 August 2010 and will be subject to the conditions set outin Public Notice 1999-137, with the exception of condition of licence no. 9, relating to the solicitation of local advertising. That condition will only come into effect at such time as the new Norwesto FM station begins its operations.

9.

The Commission authorizes the licensee, by condition of licence, to simulcast the programming of the new FM station on CJRL for a transition period of three months following the commencement of operation of the FM station. The licensee must surrender the AM licence for revocation by the Commission at the end of this period.

10.

The Department of Industry (the Department) has advised the Commission that, while this application is conditionally technically acceptable, it will only issue a broadcasting certificate when it has determined that the proposed technical parameters will not create any unacceptable interference with aeronautical NAV/COM services.

11.

The Commission reminds the applicant that, pursuant to section 22(1) of the Broadcasting Act, no licence may be issued until the Department notifies the Commission that its technical requirements have been met, and that a broadcasting certificate will be issued.

12.

Furthermore, the licence for this undertaking will be issued once the applicant has informed the Commission in writing that it is prepared to commence operations. The undertaking must be operational at the earliest possible date and in any event no later than 24 months from the date of this decision, unless a request for an extension of time is approved by the Commission before 13 April 2006. In order to ensure that such a request is processed in a timely manner, it should be submitted at least 60 days before this date.

Employment equity

13.

Because this licensee is subject to the Employment Equity Act and files reports concerning employment equity with Human Resources Development Canada, its employment equity practices are not examined by the Commission.

Secretary General

This decision is to be appended to the licence. It is available in alternative format upon request, and may also be examined at the following Internet site: http://www.crtc.gc.ca